Quyết định 12/2011/QD-TTg

DECISION

ON DEVELOPMENT POLICY OF A NUMBER OF SUPPORTING INDUSTRIES 

THE PRIME MINISTER

Pursuant to the Law on the Organization of Government dated 12/25/2001;
Pursuant to the Law on the promulgation of legal documents No.17/2008/QH12 dated June 03, 2008;
Pursuant to the Law on High-tech No. 21/2008/QH12 dated November 13, 2008;
Pursuant to the Decision No.49/2010/QD-TTg dated July 19, 2010 of the Government on approval of list of high-tech industries prioritized for investment, development and of high-tech products for development promotion;
At the proposal of the Minister of Industry and Trade,

DECIDES

Article 1. Scope of adjustment, subjects of application

1. Scope of adjustment

This Decision provides for development promotion policy of supporting industries for lines of business: mechanical engineering industry, electronic information technology industry, cars production and assembly, textiles, foot wears and supporting industries for high-tech development.

2. Subjects of application

a) State management agencies, relevant organizations and individuals to supporting industries.

b) Projects of producing supporting industry products.

Article 2. Interpretation of terms

In this Decision, the following terms shall be construed as follows:

1. Supporting industry: means the industry makes material, semi-product parts, and spare parts to supply for industry of manufacturing, assembling the complete products which are production material or consumption products.

2. Supporting industry products: mean products of lines of business provided in clause 1 Article 1 including: materials, parts, spare parts, components, semi-products produced in Vietnam supplying to assembly, production stage of complete products.

3. Projects of supporting industry product producing: mean the projects invested in Vietnam (including new investment and supplementation investment) to produce supporting industry products.

Article 3. Encouraging the development of supporting industry

1. The State encourages and creates conditions to domestic and foreign organizations, individuals in investment, development of supporting industry.

2. Encouraging market development

a) Projects of producing supporting industry products are advertised, introduced free on website of the Ministry and Departments of Industry and Trade.

b) Projects of producing supporting industry products are prioritized for supporting finance sources of the programs of investment promotion, trade promotion upon Regulation of building, managing and implementing those programs.

c) Projects owners of producing supporting industry products for high-tech development are created conditions to establish services, products supplying network by the State under regulations of law on high-tech,

3. Encouraging on infrastructure

a) Projects of producing supporting industry products are prioritized for supporting and offering suitable land to such projects on areas, positions, rentals.

b) Projects of producing supporting industry products using land in the industrial zones, clusters in which are used infrastructure, public services and other services; being supported and created conditions in recruitment, workforce training; being received the other supporting policies under provision in Decision No. 105/2009/QD-TTg dated August 19, 2009 of Prime Minister on issuance of industrial clusters management Regulation.

c) Projects owners of producing supporting industry products who are small-medium size enterprises, are received policies of encouragement on manufacturing premises referred to provision in Decree No. 56/2009/ND-CP dated June 30, 2009 of Prime Minister on supporting development for small-medium size enterprises.

d) Projects of producing supporting industry products for high-tech industry development are applied policies of encouragement on land under regulations of high-tech law.

4. Encouraging on technology and science, human resources training

a) Projects of producing supporting industry products are considered for supporting a part of expenses from finance sources of national foundation of science and technology development and other foundations related to science and technology activities for expenses of technology transfer, buying design copyright, buying software, employing foreign experts.

b) Projects owners of producing supporting industry products who are small-medium size enterprises are received policies of encouragement on upgrading technology capacity, technology knowledge and of supporting human resource development referred to provisions in Decree No. 56/2009/ND-CP dated June 30, 2009 of Prime Minister on supporting development for small-medium size enterprises.

c) Projects of producing supporting industry products are considered supporting a part of human resource training expenses from the State Budget under current provisions.

đ) Projects of producing supporting industry products for high-tech industry development are applied policies of encouragement on human resource development under regulations of high-tech law.

5. On information provision

a) Ministries, branches, the People’s Committees of centrally-affiliated cities and provinces via electronic information portal frequently provide updated information on regulations of law related to supporting industries development and programs of the State’s supporting technology for projects of producing supporting industry products.

b) Projects owners of producing supporting industry products who are small-medium size enterprises are received policies of encouragement on provision of information, consultants under provision in Decree No. 56/2009/ND-CP dated June 30, 2009 of Prime Minister on supporting development for small-medium size enterprises.

6. On finance

a) Projects of producing supporting industry products shall be received incentives on import-export tax rate.

b) Projects of producing supporting industry products are considered for loans a part of credit capital of the State’s investment, development under current regulations.

c) Projects owners of producing supporting industry products who are small-medium size enterprises are received policies of supporting finance under provision in Decree No. 56/2009/ND-CP dated June 30, 2009 of Prime Minister on supporting development for small-medium size enterprises.

d) Projects of producing supporting industry products for high-tech development shall be considered for incentive policies on taxes under regulations of high-tech law.

Article 4. Preferential treatment for supporting industry development

Projects of producing supporting industry products belonging to the List of supporting industry products need to be prioritized for development are considered applying suitable favored mechanism. The project owners build projects under current regulations in which suggest specifically suitable incentive mechanism, submitting to council of projects of appraising supporting industry development for consideration, reporting to Prime Minister for decision.

Article 5. Implementation operation

1. The Ministry of Industry and Trade:

a) Presides over coordination with the Ministry of Science and Technology and relevant Ministries, Branches planning and submitting to the Prime Minister for issuance of item List of supporting industry products need to be prioritized for development. Periodically checking, updating, supplementing, and amending the above mentioned List enable them suitable to development requirement of each period, submitting to the Prime Minister for consideration, decision.

b) Establishing council of appraising projects of supporting industry development in which Deputy Minister of Industry and Trade is president, remaining members include representatives of Ministries of Investment and Planning, Finance, Science and Technology, Information and Communications, Natural resource and Environment, Justice, Vietnam Development Bank, and the relevant lines Associations to consider and decide the projects of producing supporting industry products belonging to item List of supporting industry products need to be prioritized for development.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairmen of the People’s Committees of centrally-affiliated cities and provinces, heads of relative agencies under their management functions and duties are responsible for guiding specifically and supervising the implementation of this Decision.

During the implementation, if there is any difficulty or having demand for modifying, supplementing, amending this Decision, Ministries, heads of ministerial-level agencies, heads of governmental agencies, chairmen of the Provincial-level People’s Committees timely reflect to Ministry of Industry and Trade for synthesizing, reporting to Prime Minister for consideration, decision.

Article 6. Effect of implementation

This Decision takes effect from April 15, 2011.

Article 7. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairmen of the People’s Committees of centrally-affiliated cities and provinces, heads of relative organizations, units shall be responsible for the implementation of this Decision./.